FCC Reverses Self, Grants FM Translator Move

November 7, 2013 at 11:55 AM (PT)

The FCC has reversed itself, reinstated nunc pro tunc an application by LAKE COUNTRY BROADCASTING, INC. for a move of FM translator W245BL/BRANCHPORT, NY to DUNDEE and PENN YAN, NY, and granted the move. The move is the latest in a string of "hops" including two previous intermediate moves and a frequency change, and was granted over the objection of SAGA COMMUNICATIONS OF NEW ENGLAND, LLC.

The Commission initially granted the move, then rescinded it on the grounds that it would overlap with SAGA's AC WYXL (LITE ROCK 97.3)/ITHACA without satisfying the "lack of population" exception. LAKE COUNTRY responded that the Commission use a "new interference contour that 'clears ground level by at least 12.1 meters' within the predicted overlap area," noting that no buildings in the overlap area exceed two stories.

SAGA objected to LAKE COUNTRY's request for a nunc pro tunc reinstatement, alleging that using the original date would be unfair to LPFM applicants who would otherwise be able to assert protection against LAKE COUNTRY's proposal. The Commission declined to consider the new LPFM window a reason to abandon the standard procedure for consideration of a properly cured application on a nunc pro tunc basis and also rejected the "impermissible hop" argument because the CP application actually returns the translator to its approximate starting location.